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Lawmakers introduce bill aiming to protect First Amendment rights

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U.S. Senator Rand Paul | U.S. Senator Rand Paul official website

U.S. Senator Rand Paul | U.S. Senator Rand Paul official website

FOR IMMEDIATE RELEASE:

July 31, 2024

Contact: Press_Paul@paul.senate.gov, 202-224-4343

WASHINGTON, D.C. – Yesterday, U.S. Senator Rand Paul (R-KY), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, joined by Congresswoman Harriet Hageman (R-WY) and Congressman Dan Bishop (R-NC-08), introduced the Standing to Challenge Government Censorship Act. This bill aims to prohibit federal employees and contractors from using their positions to direct online platforms to censor First Amendment protected speech.

Dr. Paul stated, “Americans are a free people, and we do not take infringements upon our liberties lightly. Our Founding Fathers enshrined the First Amendment to protect our God-given right to free expression.” He added that the act would remove barriers preventing judicial review of government tactics that silence dissenting voices.

Rep. Hageman commented, “I have repeatedly said that the government cannot do by proxy what it is prohibited from doing directly. This is exactly what happened with the Biden Administration pressuring social media companies to suppress the free speech of American citizens.” She emphasized that the act would ensure future litigants have standing and apply to plaintiffs in Murthy v. Missouri.

Rep. Bishop remarked, “Americans have a God-given right to free expression... Malicious actors within government should never be allowed to silence and censor Americans.”

The bill proposes:

- Empowering individuals to sue government officials who coerce online platforms into censoring constitutionally protected speech.

- Applying to past First Amendment violations and establishing a presumption of liability for any government official attempting censorship.

- Providing a mechanism for all Americans to protect their constitutional rights and challenge government overreach.

Jay Bhattacharya MD, PhD., Stanford University and plaintiff in Murthy v. Missouri, supported the bill stating, “In the covid era, the federal government systematically suppressed legal online speech that contradicted its policy priorities.”

Bradley A. Smith from the Institute for Free Speech added, “Rights that cannot be vindicated in court are not rights at all.”

Ryan Walker from Heritage Action praised Sen. Paul’s efforts against government overreach on Big Tech platforms.

L. Brent Bozell III from Media Research Center noted, “This bill is a no-brainer,” while George Landrith from Frontiers of Freedom Institute highlighted its importance in safeguarding free speech.

Richard Manning from Americans for Limited Government expressed support saying it provides states standing in censorship cases.

Vance Ginn of Ginn Economic Consulting lauded Sen. Paul's defense of constitutional freedoms.

Yael Ossowski from Consumer Choice Center supported ending unconstitutional jawboning through this legislation.

Phil Kerpen from American Commitment called it a necessary corrective following Murthy v. Missouri's ruling on standing issues.

Carl Szabo from NetChoice emphasized protecting Americans' rights against government interference in free speech online.

Jim Hanson from America Matters concluded by highlighting Sen. Paul's efforts ensuring citizens can sue when their free speech is censored by social media companies under governmental pressure.

Background:

On June 26, 2024, the Supreme Court ruled in Murthy v. Missouri that plaintiffs did not have standing for an injunction against officials pressuring platforms into censoring COVID-19-related speech due to seeking future rather than past compensation for violations of First Amendment rights.

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